[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Proposed Rules]
[Pages 22338-22339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9635]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2011-0004; Notice No. 117; Re: Notice Nos. 34 and 42]
RIN 1513-AB44


Proposed Fort Ross-Seaview Viticultural Area; Comment Period 
Reopening

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking; comment period reopening.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is reopening the 
comment period for Notice No. 34, which concerned the proposed 
establishment of the Fort Ross-Seaview viticultural area in western 
Sonoma County, California. Through this notice, TTB is soliciting 
comments on the establishment of the Fort Ross-Seaview viticultural 
area as proposed in Notice No. 34 and the issues raised in the public 
comments received in response to that notice, including a request to 
expand the proposed viticultural area. Given the conflicting evidence 
provided by the petitioner and by some commenters with respect to the 
distinguishing features and boundary of the proposed viticultural area, 
and the length of time that has passed since Notice No. 34 was 
published in 2005, TTB believes that the rulemaking record regarding 
the proposed Fort Ross-Seaview viticultural area should be reopened for 
public comment to ensure full public participation prior to any final 
regulatory action.

DATES: Written comments on the proposed Fort Ross-Seaview viticultural 
area are due on or before June 6, 2011.

ADDRESSES: You may send comments on Notice No. 34 to one of the 
following addresses:
    <bullet> http://www.regulations.gov: Use the comment form for 
Notice No. 34 as posted within Docket No. TTB-2011-0004 on 
``Regulations.gov,'' the Federal e-rulemaking portal, to submit 
comments via the Internet;
    <bullet> Mail: Director, Regulations and Rulings Division, Alcohol 
and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
    <bullet> Hand Delivery/Courier in Lieu of Mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC 
20005.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of the petitions, supporting materials, 
published notices, and all public comments associated with this 
proposal within Docket No. TTB-2011-0004 at http://www.regulations.gov. 
You also may view copies of the petitions, supporting materials, 
published notices, and all public comments associated with this 
proposal by appointment at the TTB Information Resource Center, 1310 G 
Street, NW., Washington, DC 20220. Please call 202-453-2270 to make an 
appointment.

FOR FURTHER INFORMATION CONTACT: Elisabeth C. Kann, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street, NW., Suite 200E, Washington, DC 20220; phone 202-453-2002.

SUPPLEMENTARY INFORMATION: 

Fort Ross-Seaview Rulemaking History

Original 2003 Petition and Notice No. 34

    In 2003, Patrick Shabram, on his own behalf and on behalf of David 
Hirsch of Hirsch Vineyards, submitted a petition to establish the 
27,500-acre ``Fort Ross-Seaview'' American viticultural area in western 
Sonoma County, California (hereinafter the ``2003 petition''). The 
proposed Fort Ross-Seaview viticultural area is completely within the 
existing North Coast (27 CFR 9.30) and Sonoma Coast (27 CFR 9.116) 
viticultural areas. At the time of the 2003 petition, the Fort Ross-
Seaview viticultural area contained 18 commercial vineyards, which 
covered approximately 506 acres.
    In response to the 2003 petition, TTB published Notice No. 34, a 
notice of proposed rulemaking regarding the establishment of the Fort 
Ross-Seaview viticultural area, in the Federal Register of March 8, 
2005 (70 FR 11174). In that notice, TTB requested comments by May 9, 
2005, from all interested persons. In response to a request from a 
local wine industry member, TTB subsequently extended the comment 
period for Notice No. 34 until June 8, 2005 (see Notice No. 42, 70 FR 
25000, May 12, 2005).

Comments Received in Response to Notice No. 34; Proposed Expansion 
Request

    In response to Notice No. 34, TTB received seven comments 
concerning the proposed establishment of the Fort Ross-Seaview 
viticultural area. Two local wine industry members supported the 
petition without qualification; a third industry member supported the 
viticultural area's establishment while expressing concern about the 
potential effect of the proposed viticultural area on his ``Fort Ross'' 
brand names if ``Fort Ross'' alone were determined to be a term of 
viticultural significance.
    Four commenters, all owners or operators of Sonoma County wineries 
and vineyards, opposed the establishment of the Fort Ross-Seaview 
viticultural area as outlined in Notice No. 34. Stating that their 
vineyards, all located to the north of the proposed Fort Ross-Seaview 
viticultural area, have the same viticultural characteristics as those 
found within the proposed area, these four commenters requested that 
TTB delay a final decision on the establishment of the Fort Ross-
Seaview viticultural area so that they could gather additional evidence 
to support their contention that the proposed viticultural area should 
be expanded to include their properties.
    In response, TTB advised the opposing commenters that evidence in 
support of a northern expansion of the proposed Fort Ross-Seaview 
viticultural area must be submitted to TTB in order for the agency to 
consider their request.
    Subsequently, three of the opposing commenters submitted 
documentation to TTB in support of a 15,726-acre northern expansion of 
the Fort Ross-Seaview viticultural area proposed in Notice No. 34.
    After submission of the commenters' documentation in support of a 
northern addition, TTB shared the documentation with the petitioner for 
the Fort Ross-Seaview viticultural area. In response, Patrick Shabram, 
the author of the 2003 Fort Ross-Seaview viticultural area petition and 
a professional geographer specializing in Sonoma County viticulture, 
submitted additional documentation to support the originally petitioned 
proposed Fort Ross-Seaview viticultural area name and boundary line.

Revision of Viticultural Area Regulations

    On January 20, 2011, TTB issued a final rule revising certain 
sections of its

[[Page 22339]]

regulations related to petitions for and the establishment of 
viticultural areas as found in 27 CFR parts 4 and 9. These revisions 
are contained in T.D. TTB-90 (76 FR 3489). As such, references to parts 
4 and 9 regulatory sections within Notice No. 34 may no longer be 
valid. For example, the regulation outlining the requirements that a 
proposed viticultural area petition must meet, formerly located in 
Sec.  9.3, is now contained in Sec.  9.12. To view T.D. TTB-90, go to 
http://edocket.access.gpo.gov/2011/pdf/2011-1138.pdf; to view 27 CFR 
parts 4 and 9 in their current form, go to the e-CFR at http://www.gpoaccess.gov/ecfr/.

Determination To Re-Open Public Comment Period

    Given the conflicting evidence provided by the original petitioner 
and by some commenters with respect to the distinguishing features and 
boundary of the proposed viticultural area, and the length of time that 
has passed since TTB published Notice No. 34 and solicited public 
comments on the proposed establishment of the Fort Ross-Seaview 
viticultural area, TTB has determined that it would be appropriate to 
re-open the comment period before taking any final action concerning 
Notice No. 34. Therefore, TTB reopens the comment period for Notice No. 
34 for an additional 45 days, and comments are thus due on or before 
June 6, 2011.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether or not the agency should establish the proposed ``Fort Ross-
Seaview'' viticultural area in Sonoma County, California. TTB is 
especially interested in receiving comments on the sufficiency and 
accuracy of the proposed viticultural area's name, ``Fort Ross-
Seaview,'' on the name's applicability to the proposed northern 
expansion area, and on any alternative names for the proposed 
viticultural area and the northern expansion area. TTB also is 
especially interested in public comments on the appropriateness of the 
proposed viticultural area's boundaries--is the proposed viticultural 
area limited to the boundaries outlined in Notice No. 34 or does the 
area extend further to the north as stated by opposing commenters? 
Please provide specific information in support of your comments.
    Copies of the original 2003 Fort Ross-Seaview petition, Notice No. 
34, the original comments received in response to that notice, the 
documentation submitted in support of a 15,726-acre northern expansion 
of the proposed viticultural area, Mr. Shabram's response to the 
northern expansion documentation, and this notice are posted for public 
viewing within Docket No. TTB-2011-0004 on Regulations.gov, the Federal 
e-rulemaking portal, at http://www.regulations.gov. A link to the 
Regulations.gov search page is available under Notice No. 117 on the 
TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml.

Submitting Comments

    When submitting your comment, it must reference Notice No. 34 and 
include your name and mailing address. You may submit comments on 
Notice No. 34 by using one of the following three methods:
    <bullet> Federal e-Rulemaking Portal: You may send comments via the 
online comment form linked to Notice No. 34 as posting within Docket 
No. TTB-2011-0004 on ``Regulations.gov,'' the Federal e-rulemaking 
portal, at http://www.regulations.gov. Supplemental files may be 
attached to comments submitted via Regulations.gov. For information on 
how to use Regulations.gov, click on the site's Help or FAQ tabs.
    <bullet> U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
    <bullet> Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street, NW., Suite 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must be made in English, be legible, and be 
written in language acceptable for public disclosure. TTB does not 
acknowledge receipt of comments, and the Bureau considers all comments 
as originals.
    If you are commenting on behalf of an association, business, or 
other entity, your comment must include the entity's name as well as 
your name and position title. If you comment via Regulations.gov, 
please include the entity's name in the ``Organization'' blank of the 
comment form. If you comment via postal mail, please submit your 
entity's comment on letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

    All submitted comments and attachments are part of the public 
record and subject to public disclosure. Do not enclose any material in 
your comments that you consider to be confidential or that is 
inappropriate for public disclosure.

Public Disclosure

    You may view copies of the petitions, supporting materials, 
published notices, and all public comments associated with this 
proposal within Docket No. TTB-2011-0004 at http://www.regulations.gov. 
You also may view copies of the petitions, supporting materials, 
published notices, and all public comments associated with this 
proposal by appointment at the TTB Information Resource Center, 1310 G 
Street, NW., Washington, DC 20220. Please call 202-453-2270 to make an 
appointment. You may also obtain copies at 20 cents per 8.5 x 11-inch 
page. Contact the TTB information specialist at the above address or by 
telephone at 202-453-2270 to schedule an appointment or to request 
copies of comments or other materials.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including e-mail addresses. TTB may omit 
voluminous attachments or material that the Bureau considers unsuitable 
for posting.

Drafting Information

    Michael Hoover of the Regulations and Rulings Division drafted this 
notice.

    Signed: April 13, 2011.
John J. Manfreda,
Administrator.
[FR Doc. 2011-9635 Filed 4-20-11; 8:45 am]
BILLING CODE 4810-31-P